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WIDEMAN v. MISSISSIPPI VALLEY GAS COMPANY

No. 73-3574.

507 F.2d 658 (1975)

Dudley WIDEMAN, Administrator of the Estate of Claude Wideman, Deceased, Plaintiff-Appellant, v. MISSISSIPPI VALLEY GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1975.

Attorney(s) appearing for the Case

William S. Lawson, John L. Long, Tupelo, Miss., for plaintiff-appellant.

John M. Kuykendall, Jr., Minor C. Summers, Jr., Jackson, Miss., Ralph L. Holland, Tupelo, Miss., for defendant-appellee.

Before COLEMAN, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Claude Wideman was killed in an explosion and fire resulting when a small road grader he was operating on a private residential lot hit an underground gas line. The outcome of this appeal turns on a determination of the standard of care owed to Wideman by the defendant gas company under Mississippi law. The jury, instructed that the gas company owed a duty of ordinary care, apparently decided that the gas line easement was not adequately marked...

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